Lowell/Overdales - PAPLOC Now Claimform - 2x Old Shop Direct Isme/Very Cat debts

[dx100uk]

Court is selected by you if you get an n180 dq form from the court.

Lowell will need to provide signed agreement s for both accounts in their POC to succeed as well as things like notice of assignment and default notices.

If you search here lowell claimform you see they have backed off with better paperwork than you have..those are pants..no ip addresses either i will guess.. Goodluck Lowell!!

 you signed up online for both most probably...nothing to do with SD sending stuff to the dca digitally..

but that paperwork is total pants

and so is the European stuff they rocked out as well

they've used these in numerous claims here already and have either LOST or discontinued before the actual hearing.

 

Programmable Search Engine

CSE.GOOGLE.COM

clickme

in these threads you'll see exactly the same uploads whereby people details are magically inserted into 'blank' documents from lowell filing cabinets or even from CAG thread uploads. nothing has actually come from shop direct ....

 

 

[finaldj]

How does this look for a defence just a rough guide as not see how you fill it in online if doing it that way I know 1000 characters is all you can do if doing it online.

 

In the [Northampton County Court Business Centre]

 

Claim No: [XXXXX]

[Lowell Portfolio LTD]

 

Claimant

 

And

 

[ME]

 

Defendant

 

DEFENCE

 

1.The Defendant received the claim [XXXX] from the [Name of Court  Northampton ] County Court on 31/12/21 <----- issue date I recieved 5 days later

 

2.Each and every allegation in the Claimants statement of case is denied unless specifically admitted in this Defence.

 

3.This claim [is for] x2 [Catalogue Accounts] agreement regulated under the Consumer Credit Act 1974.

 

4.It is [admitted] that the Defendant has [previously] entered into [an agreement] with [Original Creditor] for provision of credit.

 

5.The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.

 

6.The Claimant’s Particulars of Claim [fail to provide statements when the agreements were entered into/states the agreement was entered into since they have taken on the debt]

 

7.The Claimants statement of case states that the account was assigned from [Shop Direct Finance company LTD] to [Lowell Portfolio LTD] on [4/5/2020 & 20/05/2020]. The Defendant does not recall receiving notice of this assignment.

 

8.It is denied that [Shop Direct Finance company LTD] served any Default notice on the Defendant pursuant to s87 Consumer Credit Act 1974. The Claimant is required to prove that a compliant Default Notice was served upon the Defendant. The Claimant is required to prove that the any Default notice relied upon complied with the requirements of s88(4A) Consumer Credit Act 1974 and that the notice was in the prescribed form as required by The Consumer Credit Enforcement Default and Termination Notice Regulations 1983.

 

9.On the [11/01/22] The Defendant sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor]. I requested the Claimant provide copies of the [Agreement].

 

10.[Claimant’s Solicitor] has not provided all these documents to the Defendant.

 

11.On the [4/2/21 & 27/4/21 & 11/1/22] The Defendant sent a formal request for a copy of the original agreements including Default Notice's and Notice of assignments to [Overdales] pursuant to section [78] of the Consumer Credit Act 1974 along with the statutory £1 fee.

 

12.The Claimant has failed to comply with [s78 (1)] Consumer Credit Act 1974 and by virtue of [s78 (6)] Consumer Credit Act 1974 cannot enforce the agreement.

 

13.Under Civil Procedure Rule 16.5 (4) Where the claim includes a money claim, a defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be required to prove the allegation that the money is owed as claimed.

 

14.The Defendant respectfully requests the court orders the Claimants to provide the necessary documentation in order for The Defendant to fully plead his case else the Claim should stand struck out.

 

15.In the event that the relevant documents are received from the Claimant, the Defendant will then be in a position to amend his defence, and would ask that the Claimants bear the costs of the amendment.

 

16.It is denied that the Claimant is entitled to the relief as claimed or at all.

Statement of Truth

 

The Defendant believes that the facts stated in this Defence are true.

Signed ________________________________

Dated  ________________________________

[AndyOrch]

I'm not surprised you cant input the defence on line more repeats than the BBC 

 

The following is an example of a standard holding defence to be input on line. (No headers no statement of truth no repeating the claimants particulars.

 

Defence

 

The Defendant contends that the particulars of claim vague and are generic in nature. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

1. The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.

2. The Claimant claims £xxx.00 is owed under a regulated consumer credit account under reference with JD Williams. I do not recall the precise details or agreement and have sought verification from the claimant and the claimants solicitor by way of a CPR 31.14 and section 77 request who are yet to fully comply.

3. Paragraph 2 is denied. I am unable to recall the precise details of the alleged agreement or any default notice served in breach of any defaulted payments.

4. Paragraph 3 is denied. The Defendant contends that no notice of assignment pursuant to s.136 of the Law of Property Act & s.82 A of the CCA1974 has ever been served by the Claimant as alleged or at all.

5. It is therefore denied with regards to the Defendant owing any monies to the Claimant, the Claimant has failed to provide any evidence of assignment/balance/breach requested by CPR 31. 14, therefore the Claimant is put to strict proof to:

(a) show how the Defendant has entered into an agreement; and
(b) show and evidence any cause of action and service of a Default Notice or termination notice; and
(c) show how the Defendant has reached the amount claimed for; and
(d) show how the Claimant has the legal right, either under statute or equity to issue a claim;

6. After receiving this claim I requested by way of a CPR 31.14 request and a section 78 request for copies of any documents referred to within the Claimants' particulars to establish what the claim is for. To date they have failed to comply to my CPR 31.14 request and also my section 78 request and remain in default with regards to this request.

7. As per Civil Procedure Rule 16.5(4), it is expected that the Claimant prove the allegation that the money is owed.

8. On the alternative, as the Claimant is an assignee of a debt, it is denied that the Claimant has the right to lay a claim due to contraventions of Section 136 of the Law of Property Act and Section 82A of the consumer credit Act 1974.

9. By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

[finaldj]

@Andyorch

 

Thanks for that, not sure how I missed that one looking through the site. It looks so much better to edit.

 

As mine is retail related can I just use s.78/1974 act?

 

I'll get on with using this tonight edit what I need into it and get it sent off today online.

 

If I take out what the online document asks from the ones I posted above do you think I have provided enough information for the court?

 

I've gone through what documents I do have I don't think I have missed anything. so it's a case of just edit, cut/paste where needed.

[AndyOrch]

Yours is a catalogue debt so the Consumer Credit Act 1974 still applies section 77 is normally used for this type of debt as its normally a fixed amount....but referring to section 78 will not do any harm. 

 

Its a standard holding defence which is tried and tested..this is only your initial defence so should the claimant wish to proceed on receipt of the above you will have chance to submit a further witness statement in which you can expand and particularise.

[dx100uk]

Dont forget this is for two CAT debts on one claim, so pluralise things like agreement to agreements, cca request to requests etc etc

[finaldj]

It has gone in now received last night and acknowledged on my online account today.

 

Would overdales need a copy of the defence statement I have sent in with it being a holding defence? or keep them out of it?

 

If I am defending them in court if it goes that far they'll just see that I have defended the claim but not know the reasons why. You've suggested in the past they might drop the case before court but can't drop the case if they don't know the reasons of why I am defending?

[AndyOrch]

 

MCOL send a copy of the defence to the claimant./Sols

 

The reasons for defending the claim are quite clearly spelled out in your defence.....you are putting them to strict proof to disclose the necessary paperwork required to legally sue you.

 

Pity you didn't post a copy of your final draft before submitting lets hope it was correct.

 

Andy

[finaldj]

I've had a reply back from overdales, they want to do mediation as a telephone appointment. I'm just waiting to hear back from the court so I can let them know how to proceed.

[dx100uk]

mediation is always by phone! - so the fleecers have sent their N180 to try and pressure and intimidate you..as they always do!!

 

await the court to send your a blank n180 DQ.

check mcol regularly

 

you need to get reading a few 10's of Lowell claimform threads.

[finaldj]

I'll have a look at the threads over the weekend thanks.

 

Even though I defended the fact they haven't supplied all the information I asked for relating to the accounts they hold they still appear to be ignoring this and pushing for payment. I wouldn't engage with them over the phone anyway I would rather take it to court and have the court to force them to hand over the requested paper work I keep asking for.

 

No point asking for payment saying I owe something if you first can't prove I actually owe it, show me the correct paperwork then we'll talk this has been my defence all along.

[dx100uk]

you dont talk to them during mediation..the mediator does

 

if they have not sent you enough information to make an informed decision to even enter mediation then you'll be saying no to the mediation service when they call. till then you agree to mediation on the N180 IF one comes from the court.

 

there is ZERO requirement for a claimant to supply any documentation until the disclosures stage much later in the claim IF it ever goes that far.

should they fail then, you'll obviously win. and even if they do, who says its enforceable!  

[finaldj]

Just to update this,

 

3rd of February I got a letter  from them which was their directions questionnaire they sent to the courts and told me I should expect my own soon. I've checked online and there is nothing there and it's now 20/02/22 and I haven't got anything through the post from the courts yet for my questionaire. How long should I leave it before contacting the courts? I've read online there can be delays of 5 weeks depending on how far behind the are.

 

I got a letter dated 7/2/22 from Overdales.

 

They have sent me copies of the notice of assignment for both accounts or what I think looks like them. it doesn't say on the letter. if you would like to see one of these posted up just to double check DX100uk I am happy to do this.

 

It's a copy of a letter that was sent to Lowell that says on date xxx we bought your account from Littlewoods. it goes on to state the last dates and transactions I last purchesed on the accounts and what the items were. I found the original one from Lowell so it doesnt appear to be a direct copy as the original one state the date they took the account as (25/5/2020) where as the one Overdales have sent me says (25 May 2020) does this matter?

 

They appear to be clear on the letter that the information they have supplied (items I bought in the past and the token payments I made at the time) that the matter is defended by them.

 

They gave me 14 days to contact them to resolve the dispute with them direct with an offer of a one off 4k payment to clear the dept or dept plan to avoid a CCJ.

 

Later on I will upload the letter and show you.

 

 

[dx100uk]

If mcol status doesn't mention n180 then simply sent to intimidate you.

Std practice for your players.

 

Dx

[finaldj]

I've just received a 318 page document from Lowell at the request of Overdales. It contains everything I have every done with the 2 catalogues. What I bought where I they got delivered, payments made with what card, what happened with what payments when I got in debt, communication letters from me to them trying to solve the issues etc etc.

 

What do I do at this point? Wait it out and still go down the mediation route once I hear from the court?

 

Look like the end is near on this one heading towards a payment plan

[AndyOrch]

But does it contain the main documents...required to support their claim ?  (agreement /default notice/ notice of assignment)

The rest are really immaterial and used to pad their claim. 

[finaldj]

So mixed up in the pack is a copy of the now Littlewoods contract signed and dated electronically which relates to the date I took the contract out. Not the blank one they sent me a few weeks ago and it's the same copy as the Very contract I posted on here a few weeks ago. They have  managed to get them 2 now.

 

I can't see the default notice letter in there gone through it twice.

 

Notice of assignment see attached PDF file...not sure if that counts as that but can you check? if it doesn't then they haven't sent that either. But I did get a letter from Overdales to say they were going back to the original creditor to get the default notices. not heard anything yet.

littlewoods.pdf

Edited February 21, 2022 by finaldj
double spelling

[AndyOrch]

Scan redact and upload the agreement please.

[finaldj]

Here is the littlewoods upload thanks

 

Littlewoods CCa return merged.pdf

[finaldj]

I got my N180 form last week, has to be returned by the 14 March so will get that filled in this weekend and send off recorded next week.

Do I send a copy to the other party as well or will the court do this?

 

Did you take a look at the uploaded file? I'm just wondering if they are classed as notice of assignment  #43 and the now littlewoods contract #45

 

I'll prompt for mediation see where that goes. If all is correct then the only thing they haven't sent me yet is a copy of the default notice for both accounts which they said they would be going back to the original creditor for these.

 

 

[AndyOrch]

 

[finaldj]

Thanks, I'm going to sort the N180 form over the weekend

 

With regards to post #43 is that what a notice of assignment looks like? I just want to clarify that's what it is before I speak with the mediator.

[dx100uk]

no it does not say notice of assignment.

unless you have both CCa returns, both default notices and both NOA's i would be declining mediation, WHEN the actual phone mediation takes place.

 

on the N180 dont forget to copy to sols, but omit phone/sig/email on THEIR copy.

 

dx

 

[AndyOrch]

43 minutes ago, finaldj said:

Thanks, I'm going to sort the N180 form over the weekend

 

With regards to post #43 is that what a notice of assignment looks like? I just want to clarify that's what it is before I speak with the mediator.

 

Of a fashion....very loosely 

 

 

 

. 

[finaldj]

So I'm a bit confused, one says its not a not of assignment, another says "very Loosely"

 

Just for reference I posted on another legal forum to check this and they said it doesn't need to say notice of assignment as long as they acknowledge acceptance of the debt and let me know it has been assigned to them which they have done as shown in #43

 

So a little confused with that. 3 different opinions.

 

On their N180 form they have requested that the case be dealt with by way of telephone call to avoid disproportionate costs so I will put the same and request my local court as a 2nd option.

 

If mediation does fail is this when I will expand further on my defence? before a hearing.